Attorney
General Schedules Public Hearing and Extends
Public Comment Period on Proposed OPRA Regulations

TRENTON
— A public hearing on proposed
regulations to identify those
government records that could
compromise the state’s ability
to defend against acts of sabotage
and terrorism and that should
be exempted from public access
under the state’s Open Public
Records Act (OPRA) has been scheduled
for July 22, Attorney General
Peter C. Harvey announced today.
In addition, he said, the period
to receive written comments from
the public will be open again
from July 5 to the date of the
public hearing on July 22.

Initially published on October
18, 2004, the proposed regulations
were developed to define in clearer
and categorical terms a gubernatorial
executive order that required
a case-by-case examination of
information that should be exempted
from OPRA because of substantial
security concerns. Executive Order
21 required the Attorney General,
in consultation with the Domestic
Security Preparedness Task Force,
to promulgate rules striking a
balance between the public’s
right to gain access to government
records and the need to deny that
access when it would materially
diminish the State’s ability
to protect itself and its citizens.
The proposed rules permit a records
custodian, in some circumstances,
to deny access to such records
as those relating to building
plans or blueprints, mass transit
facilities, bridges, tunnels,
public utilities and emergency
response facilities. Similarly,
they permit a records custodian
to exclude access to records pertaining
to nuclear power plants, inventories
of biological agents and the security
of computer and telecommunications
networks. Despite these exceptions,
the proposed rules provide an
additional review process by stipulating
that any of the records exempted
from disclosure may be disclosed
if the head of a cabinet-level
agency, with the approval of the
Task Force, determines that there
is a bona fide need for public
access to the record.

“We
believe the proposed OPRA regulations
strike a careful balance between
the need to protect the state
and its citizens against terrorism
and the need for the public to
have access to public records,”
said Attorney General Harvey,
who also serves as chair of the
state’s Domestic Security
Preparedness Task Force. “The
comments we received, however,
reflected a perception, which
I believe to be misplaced, that
the regulations are too broad.
Additionally, a number of comments
requested an opportunity for a
public hearing. Both public access
to government records and the
government’s ability to
protect its citizens against terrorism
are significant interests, and
a public hearing may provide us
with greater clarity as we move
toward final regulations.”

The
Attorney General’s Office
has filed a notice that will appear
in the July 5 issue of The New
Jersey Register advertising the
hearing. The
July 22 hearing will take place
from 9:00 a.m. to 11:00 a.m.,
in Conference Room A, on the fourth
floor of the Hughes Justice Complex,
25 Market St., Trenton.

Persons wishing to testify
must request to do so in writing
by close of business, July 15.
Requests should be submitted to:

Specific presentation times will
be assigned and individuals’
remarks will be limited to five
minutes. Speakers are requested
to provide a copy of their prepared
remarks to the hearing officer
on the day of the hearing. Individuals
who do not preregister to speak
will be given an opportunity to
speak only if time permits.

Harvey also noted that the public
comment period has been extended
by opening it again from the July
5 announcement in The New Jersey
Register to the July 22 hearing.
Individuals who previously submitted
comments during the initial 90-day
comment period do not have to
resubmit them. Written comments
should also be sent to DAG Timothy
P. Crowley at the address above.
The Attorney General’s Office
has until October 17, 2005 to
adopt final regulations.